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Wild v. State Compensation Insurance Fund2/12/2002
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
Summary:
Claimant, who had worked for many years as an independent roofing contractor, went to work for another roofing company but arranged with the company to work as an independent contractor under his Independent Contractor (IC) Exemption. He fell off a roof while working for the contractor and thereafter brought this action seeking workers' compensation benefits from the contractor's insurer.
Held:
Since claimant had a valid outstanding IC Exemption, his claim is barred by section 39-71-401(3)(c), MCA, (1999).
Topics:
Independent Contractor: Independent Contractor Exemption. Where claimant had a valid independent contractor exemption, provided a copy of the exemption to the contractor for whom he was working, and understood he was working as an independent contractor, he is barred from claiming workers' compensation benefits from the employing contractor's insurer. ยง 39-71-401(3)(c), MCA (1999).
Constitutions, Statutes, Regulations and Rules: Montana Code Annotated: section 39-71-401(3)(c), MCA (1997). Where claimant had a valid independent contractor exemption, provided a copy of the exemption to the contractor for whom he was working, and understood he was working as an independent contractor, he is barred from claiming worker's compensation benefits from the employing contractor's insurer.
Like Matthews v. Liberty Northwest Ins. Co., 2002 MTWCC 6, this is a case in which a claimant with an Independent Contractor (IC) Exemption and who was paid as an independent contractor now urges he was in reality an employee and is therefore entitled to workers' compensation benefits under his employer's insurance policy. For the same reasons I set forth in Matthews, the claimant's contention in this case is without merit and his petition for benefits must be dismissed.
FINDING OF FACTS
The parties have submitted the case for decision without trial and based on depositions of claimant and Russ Fregien, as well as the exhibits attached to those depositions. (June 4, 2001 Minute Entry.) The salient facts material to the disposition of the case are as follows.
Petitioner, Kelly Wild (claimant), is a roofer by trade. He began roofing in the early 1980s, probably 1983. (Wild Dep. 19, 23.) Between that time and the year 2000, and except for a few short stints of employment, he worked as an independent roofing contractor.
While working as an independent contracting roofer, claimant worked by himself. He did not employ others in his business.
In 1993 claimant applied to the Montana Department of Labor and Industry (Department) for an IC Exemption as a roofing contractor. (Wild Dep. Ex. 1.) In an April 1, 1993 letter, the Department approved his application and notified claimant that " s an independent contractor you also will not be able to file a claim in the event you sustain an industrial injury or an occupational disease." (Id.)
Claimant reapplied for the Exemption on July 22, 1996, February 25, 1997, and March 4, 1998. In each application for renewal, including the last one, claimant signed an affidavit stating that he was in fact an independent contractor and acknowledging he was ineligible for workers' compensation benefits from anyone hiring him. (Id., Exs. 3-5.) The 1998 application further acknowledged, "I also understand that if this affidavit is granted, the Certificate of Independent Contractor Exemption will remain in effect for three years for those occupations listed in the certificate, unless I notify the Department in writing that I want to have the exempt
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